Legal Opinion

Whiting v. Straup

Wyoming Supreme Court

Decided May 25, 1908PublishedCited by 14 opinions

Error to the District Court, Converse County; Hon. Richard H. Scott, Judge. The action was brought by X. Whiting and J. Bevan Phillips against Erastus Straup, Moses Bijur and the La Préle Oil Company to enjoin the defendants from trespassing and drilling an oil well upon certain land. The parties were rival claimants of the land as oil and gas placer mining ground, upon which conflicting locations had been recorded.

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Error to the District Court, Converse County; Hon. Richard H. Scott, Judge. The action was brought by X. Whiting and J. Bevan Phillips against Erastus Straup, Moses Bijur and the La Préle Oil Company to enjoin the defendants from trespassing and drilling an oil well upon certain land. The parties were rival claimants of the land as oil and gas placer mining ground, upon which conflicting locations had been recorded. From a judgment in favor of the defendants the plaintiffs prosecuted error. The material facts are stated in the opinion. Since certificates of location of mining claims and…

1Opinion of the Court

Potter, Chief Justice.

This action was commenced in the District Court of Converse County October 24, 1903, by the plaintiffs in error, J. Bevan Phillips and N. Whiting, against the defendants in error, Erastus Straup, Moses Bijur, and the Fa Prele Oil Company. The object of the suit is to enjoin the defendants from trespassing and particularly from driving *10or sinking an oil or gas well upon a forty acre tract of land in the county aforesaid, described as the ^southeast quarter of the southeast quarter of Section 3, in Township 32 north, Range 73 west. The contest is between rival claimants of…

2Cases cited4 opinions

  1. Creede & Cripple Creek Mining & Milling Co. v. Uinta Tunnel Mining & Transportation Co.Supreme Court of the United States · 1905
  2. Miller v. ChrismanCalifornia Supreme Court · 1903
  3. Nevada Sierra Oil Co. v. Home Oil Co.U.S. Circuit Court for the District of Southern California · 1899
  4. New England & Coalinga Oil Co. v. CongdonCalifornia Supreme Court · 1907

3Cited by14 opinions

  1. McLemore v. Express Oil Co.California Supreme Court · 1910
  2. Charpentier v. WelchIdaho Supreme Court · 1953
  3. Rummell v. BaileyUtah Supreme Court · 1958
  4. Rooney v. BarnetteCourt of Appeals for the Ninth Circuit · 1912
  5. United States v. HurstDistrict Court, D. Wyoming · 1924

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